from the Iowa District Court for Bremer County, Peter B.
Newell, District Associate Judge.
appeals his conviction for domestic abuse assault causing
bodily injury, enhanced.
C. Abbott of Abbott Law Office, PC, Waterloo, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and Bower, JJ.
Johnson appeals his conviction for domestic abuse assault
causing bodily injury, enhanced. We find there is substantial
evidence in the record to support the jury's verdict in
this case. We affirm Johnson's conviction for domestic
abuse assault, but due to insufficiencies in the colloquy
where he stipulated to a prior conviction, we reverse the
determination this was a second offense and remand for
further proceedings. In making this determination, we also
vacate Johnson's sentence for domestic abuse assault,
enhanced. On remand, upon the conclusion of proceedings
concerning the prior conviction, Johnson should be
Background Facts & Proceedings
was in a romantic relationship with A.G. and they lived
together until shortly before June 21, 2016. On that date,
Katie DeBoer gave A.G. a ride to the Super 8 Hotel in
Waverly, where both women were employed. A.G. and Johnson had
a verbal argument over the phone during the drive. When the
women arrived in the hotel parking lot, Johnson was there.
A.G. got out of the car before DeBoer. DeBoer testified when
she walked toward the back of her car, she saw A.G. was on
the ground with Johnson on top of her with his hand by her
face. She stated she saw Johnson hit A.G. on the head.
Johnson then left the parking lot in his vehicle.
Pitt, a manager at the Super 8, testified she heard
"[s]creaming, beating on the door," and found A.G.
outside. Pitt helped A.G., who was crying and upset, into the
hotel. A.G. told Pitt her ex-boyfriend beat her up. Gary
Phillips, also a manager at the hotel, testified he heard
"an agonizing wail." He saw A.G. was on the floor,
had injuries, and was engaged in "painful crying."
Phillips stated A.G. told him "Drew . . . just began
hitting her and she tried to get away and ended up inside the
front desk area." Pitt and Phillips observed A.G. had
injuries. DeBoer, Pitt, and Phillips all called the police.
Barker, an EMT, testified A.G. was "very shaken
up," "crying," and "shaking." A.G.
told Barker her ex-boyfriend hit her. Barker observed A.G.
had swelling on the bridge of her nose and multiple
abrasions. Barker stated A.G. had "very recent wounds.
They were open, oozing; the swelling had happened and there
was no bruising."
Dave Lindley testified A.G. told him "Johnson had struck
her in the head and/or the face." Office Lindley
observed A.G. was crying and upset, and she had injuries.
A.G. gave a written statement, which stated:
I had been arguing with Drew on the phone all morning when
the last phone call took place I hung up on him and before I
knew it he pulled up behind me as I was walking in the door
Drew hit me several times in the head. I do not know exactly
how many times he did. I tried opening the door when I got to
[the] front desk the cops were being called already by staff.
Lindley talked to Johnson, who stated he struck A.G. on the
shoulder. He also ...